Grand jury to hear case in which man was shot by deputy

Published: Tuesday, October 16, 2012 at 4:29 p.m.

Last Modified: Tuesday, October 16, 2012 at 4:29 p.m.

The early summer case involving two deputies and the fatal shooting of a young man in Summerfield will be forwarded to a grand jury.

Chief Assistant State Attorney Ric Ridgway said Tuesday his office is not filing any charges in the case and cannot comment on the findings in a Florida Department of Law Enforcement report.

On July 6, at least two 911 calls were made about Joshua Salvato, 21, causing a disturbance in the 10400 block of Southeast Sunset Harbor Road in Summerfield.

At approximately 10:45 p.m., deputies Lauren Miley and Norman Brown found Salvato in the road behaving aggressively. That's when Salvato attacked the deputies, according to initial reports.

It has not been revealed if Salvato was armed or if he was trying to take a weapon from Miley or Brown. Days after the shooting, it was revealed that Miley fired the fatal shot.

The sheriff's office's use-of-force guidelines, which mirror Florida law, state that the use of deadly force is the last resort but can be used when the subject — regardless of if they are armed — has the ability, opportunity and intent of causing death or great bodily harm to them or another.

Both deputies, who were cleared by a psychologist, later returned to work and were placed on limited duty.

Court records show that Salvato had only had a minor previous brush with law enforcement.

Ridgway said the final FDLE report is not being released because it has to be presented in front of the grand jury. That jury, he said, has broader authority to review and comment on what occurred, which would include criticism if appropriate, or commendation if they saw fit.

Ridgway said Salvato's family, the Marion County Sheriff's Office, the deputies and their attorneys all have been notified about the grand jury.

A final outcome may not be known for several weeks because the term of the grand jury panel that would normally hear cases expired the first Tuesday of this month. The grand jury term usually lasts six months. A new panel will be selected and will hear this case, Ridgway said.

He said this is not the first time a deputy shooting has been sent to a grand jury for a review. The next-most-recent case involved former Ocala Police Department officer John Glicher, who shot at a moving vehicle, killing Walter James Cook Jr. in a west Ocala neighborhood in early 1999. Although no charges were issued by the grand jury, Gilcher was fired by the department on grounds of violating deadly force policies.

There have been two other cases this year in which deputies were involved in shooting incidents. In January, deputy Steve Simpson shot and killed Michael Lyell Smith, 26, after a traffic stop, during which Smith drove off with Simpson dangling from the window of his truck. Simpson was cleared.

In April, Deputy John Lightle shot a man armed with a double-barreled shotgun. The man survived. Lightle was cleared.

<p>The early summer case involving two deputies and the fatal shooting of a young man in Summerfield will be forwarded to a grand jury.</p><p>Chief Assistant State Attorney Ric Ridgway said Tuesday his office is not filing any charges in the case and cannot comment on the findings in a Florida Department of Law Enforcement report.</p><p>On July 6, at least two 911 calls were made about Joshua Salvato, 21, causing a disturbance in the 10400 block of Southeast Sunset Harbor Road in Summerfield.</p><p>At approximately 10:45 p.m., deputies Lauren Miley and Norman Brown found Salvato in the road behaving aggressively. That's when Salvato attacked the deputies, according to initial reports.</p><p>It has not been revealed if Salvato was armed or if he was trying to take a weapon from Miley or Brown. Days after the shooting, it was revealed that Miley fired the fatal shot.</p><p>The sheriff's office's use-of-force guidelines, which mirror Florida law, state that the use of deadly force is the last resort but can be used when the subject — regardless of if they are armed — has the ability, opportunity and intent of causing death or great bodily harm to them or another.</p><p>Both deputies, who were cleared by a psychologist, later returned to work and were placed on limited duty.</p><p>Court records show that Salvato had only had a minor previous brush with law enforcement.</p><p>Ridgway said the final FDLE report is not being released because it has to be presented in front of the grand jury. That jury, he said, has broader authority to review and comment on what occurred, which would include criticism if appropriate, or commendation if they saw fit.</p><p>Ridgway said Salvato's family, the Marion County Sheriff's Office, the deputies and their attorneys all have been notified about the grand jury.</p><p>A final outcome may not be known for several weeks because the term of the grand jury panel that would normally hear cases expired the first Tuesday of this month. The grand jury term usually lasts six months. A new panel will be selected and will hear this case, Ridgway said.</p><p>He said this is not the first time a deputy shooting has been sent to a grand jury for a review. The next-most-recent case involved former Ocala Police Department officer John Glicher, who shot at a moving vehicle, killing Walter James Cook Jr. in a west Ocala neighborhood in early 1999. Although no charges were issued by the grand jury, Gilcher was fired by the department on grounds of violating deadly force policies.</p><p>There have been two other cases this year in which deputies were involved in shooting incidents. In January, deputy Steve Simpson shot and killed Michael Lyell Smith, 26, after a traffic stop, during which Smith drove off with Simpson dangling from the window of his truck. Simpson was cleared.</p><p>In April, Deputy John Lightle shot a man armed with a double-barreled shotgun. The man survived. Lightle was cleared.</p><p><i>Contact Austin L. Miller at 867-4118 or austin.miller@starbanner.com.</i></p>